3. . Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. The agency closest to the defendants address will be assigned to serve the Order of Protection. This guided interview will help you fill out the forms you need to ask for an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment at an Arizona court. The court cannot delay sending the order out for service for more than 72 hours. Your information will be saved in AZPOINT for up to 90 days. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Thursday, November 10, 2022 12:22 PM, Address: Protective Orders served on or after 9/24/22 are in effect for two years from date of service. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. For more information, click. Phone: (928) 771-3300. Requested petitions are typically seen by a judge and ruled on the same day. We have a form to file a request for a hearing. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. If the injunction is based on sexual violence, there is no fee for service. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. Jury Information . Ryan Edwards has found himself in more legal trouble. Information on healthy relationships is here. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Forms to apply for an Order of Protection, Injunction Against Harassment, and Injunction Against Workplace Harassment are available at AZPOINTor onsite atthe Law Library Resource Center. Rental Assistance & Eviction Prevention Programs. The files and forms are not intended to be used to engage in the unauthorized J. 2. All files are under continual revision. 13-1302); criminally trespasses or criminally damages (A.R.S. 5. Accessibility. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. You will receive notification that the juvenile has been officially served, and the Victims' Rights Unit will return the signed documents to you, so that you can file them with the originating court. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. The first awards for this scholarship are . If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. Finally, the information contained on this website is not guaranteed to be up to date. G. If a court issues an order of protection, the court may do any of the following: 1. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. Only a Superior Court Judge can decide child custody or parenting time in a separate action.ONE DEFENDANT: A separate petition must be filed for each defendant. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant is: Your spouse or your former spouse. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. Name, date of birth, and address of the person you are seeking protection from, Past or present court proceedings involving yourself and the person from whom you seek protection, Address and phone number of the person where the Protective Order can be served, If the Protective Order is not served within one year, it automatically expires. Your roommate or your former roommate. The defendant may commit an act of domestic violence. Until you file your petition at a court, you will be able to return here to update your information if necessary. If the defendant has been served with the original Order of Protection but has not requested a hearing, you will be required to appear before a judge and explain why you want to modify the order. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. prohibit a defendant from contacting or coming into contact with you. The Arizona Judicial Branch is pleased to offer Public Access to Court Case Information, a valuable online service providing a resource for information about court cases from 177 out of 184 courts in Arizona. There is no cost for service of an Order of Protection. If the judge issues the Order of Protection, the court will send a copy of it and your petition to law enforcement (city police, county sheriff, or constable) for service on the defendant. effective for 1-2 years from service date. 201 W. Jefferson Street 13-3623); interferes with judicial proceedings (A.R.S. This form is available in English and Spanish. Once the Order of Protection is obtained, you may mail or hand deliver it to the Victims' Rights Unit, which will arrange for service upon the juvenile (at no cost to the victim). based on the relationship you have with the party you are seeking protection from. Avoid choosing obvious words or numbers for your password. Where do I start? civil court orders prohibiting a specific person from making contact with you such as coming near your home, work site, school, or other locations as listed on the order. Instruction Form; Petition to Expunge Questions youll be asked in AZPOINT will help collect this information. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. Do not depend solely on this notification for your protection. The files included within the Law Library Resource Center's website are copyrighted. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. with the defendant - See the Relationship Test. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting people protected by the order. The hearing shall be held at the earliest possible time. All rights reserved. Keylogger spyware records the keystrokes you make on a keyboard. If you are in immediate danger, call 911. E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. Your information will be saved in AZPOINT for up to 90 days. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. You can protect your home and work address by requesting on the application form that your addresses be protected.OTHER PROTECTED PERSONS: It is possible that you will be referred to Superior Court if your children are listed as protected persons in this order. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency. The Judicial Branch of Arizona In Maricopa County -2019. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . Superior Court. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. If the Injunction Against Harassment is not served within one year, it automatically expires. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. practice of law. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . The supreme court shall register the order with the national crime information center. If you are not using these forms right away, or Advocates are not attorneys and do not give legal advice, but they are available to speak to victims regarding questions concerning domestic violence and the process to obtain an Order of Protection or Injunction Against Harassment. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. The State of Arizona has established the Spouse of Military Veterans Tuition Scholarship to provide for coverage of tuition and fees pertaining to undergraduate degrees at the University of Arizona. The court will decide whether you are eligible for a fee deferral or waiver.. A.R.S. These rules govern the procedures in any Arizona court in all cases related to the issuance of an Order of Protection See A.R.S. Court staff will help you determine the correct Court action for your situation. 4. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Please allow at least two hours for the entire process. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Your spouse's parent, grandparent, brother, sister, child or grandchild. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. It is recommended that you fill out this form in order to have all the information with you when you go to your Justice Court to fill out their forms. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. *You may also use this portal if you're asking for protection on behalf of another person--either (1) a minor of whom you are the parent, guardian, or legal custodian or (2) an adult who is temporarily or permanently unable to request an order. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Information on how to obtain an Emergency Order of Protection . You must follow the instructions set forth in the Procedures. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. Answers to general questions for obtaining protective orders. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). A person that you were previously or are currently involved with either romantically or sexually. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires.
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